Legal Opinion · Dissent

Chad Weisgram v. Marley Company

Court of Appeals for the Eighth Circuit

Decided February 23, 1999No. 97-3735Published

1DissentBright, Circuit Judge

I dissent. I would deny Marley’s motions for a new trial and judgment as a matter of law. The jury verdict has adequate support from properly admitted expert testimony. The plaintiffs’ theory of the case relied on the testimony of two properly qualified fire investigators and a properly qualified metallurgist. This testimony provided evidence that the fire originated with the heater and that defects in the thermostat contacts and the placement of the high limit control contributed to the fire. The experts arrived at their conclusions by personally inspecting the evidence from the fire scene…

2Cases cited17 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  3. Timothy Duane Arcoren v. United StatesCourt of Appeals for the Eighth Circuit · 1991
  4. Wright v. Willamette Industries, Inc.Court of Appeals for the Eighth Circuit · 1996
  5. Sylla-Sawdon v. Uniroyal Goodrich Tire Co.Court of Appeals for the Eighth Circuit · 1995

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